CRIMINAL PROCEDURE OUTLINE

I. DEFINITION OF CRIMINAL LAW II. DEFINITION OF CRIMINAL PROCEDURE III.OVERVIEW A. Arrest (warrantless) B. MIRANDA Rights C. Custodial Investigation/admission/confession D. Self-Preservation E. Preparation of police blotter/Issuance of extract of blotter F. Preparation of Affidavit-Complaint/Witness Affidavit G.Gathering/Preservation of evidence H. Indorsement to Office of the City/Provincial Prosecutor I. Inquest vs Regular P.I. J. Probable cause K. Preparation of Information L. Actual filing in court > Courts MTCC,MCTC,RTC M. Arraignment to Judgment to Petition for Probation/Appeal

IV. ARREST Rule 113 A. Definition of Arrest B. Lawful Warrantless Arrest C. Custodial Investigation D. Citizens arrest E. Arrest w/ warrant F. Time of making an arrest V. SEARCH AND SEIZURE Rule 126 A. Definition of Search Warrant B. Who issues, requisites for issuance C. What, where and when to seize D. Witnesses, Receipt, Delivery to court E. Valid Warrantless Search & Seizure

VI. INQUEST/REGULAR P.I. Rule 112 A. Waiver of Art. 125, RPC B. Counter-Affidavit 10 days C. Probable cause/dismissal D. Period for Resolution
VII.COMPLAINT/INFORMATION A. Definition of terms B. Requisites C. Examples VIII. ISSUANCE OF WARRANT OF ARREST (not in flagrante) >by judge after finding of probable cause, otherwise, dismiss >RTC Cases (6yrs,1 day and up) IX. JURISDICTION > MTCC, MCTC, RTC

X. BAIL Rule 114 XI. RIGHTS OF THE ACCUSED Rule 115 XII. ARRAIGNMENT Rule 116, Rule 117 XIII. PRE-TRIAL XIV. TRIAL XV. JUDGMENT XVI. APPEALS XVII. FLOW CHART

CRIMINAL LAW that branch of law which defines crimes or declares what acts are crimes and prescribes or provides the punishment for their commission.

CRIMINAL PROCEDURE It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction. - Procedural steps commencing from initial investigation

COMPLAINT vs. INFORMATION

COMPLAINT A sworn written statement charging a person with an offense, subscribed by (1) the offended party or (2) peace officer or (3) public officer charged with the enforcement of the law violated. Offended Party Peace officers police officers, NBI Agents, other law enforcement agents (CIDG,SWAT, etc.) Public officers charged with the enforcement of the law violated BIR employees, customs agents, National Pollution Council Agents

Complaint by offended party required in the following cases: 1) adultery 2) concubinage 3) seduction 4) abduction 5) acts of lasciviousness 6) defamation consisting in the imputation of any of the above crimes INFORMATION > An accusation in writing charging a person with an offense subscribed/ signed by the prosecutor and filed with the court

Counter-Affidavit to be submitted if the respondent executes a Waiver during the Inquest Proceeding; to be filed by the respondent within 10 days if regular P.I.
Probable cause/dismissal

Probable cause to determine if the evidence submitted by the

complainant is sufficient to form a well-founded belief that a crime was committed and that the respondent is probably guilty thereof and should be held for trial. Period for Resolution: > if Inquest: Immediately > if Inquest but Respondent executed Waiver: 15 days > if regular P.I.: 60 days

Affidavit Complaint Information Counter- Affidavit Probable Cause - RTC, MTC - No Probable Cause- Appeal to DOJ

ARREST Rule 113

Arrest The taking of a person into custody in order that he may be bound to answer for the commission of an offense. (R. 113, s. 1) It is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subjected to a greater restraint than is necessary for his detention. (R.113, s. 2)

ISSUANCE OF WARRANT OF ARREST (not in flagrante case) >by judge after finding of probable cause, otherwise, dismiss >RTC Cases (6yrs,1 day and up)

JURISDICTION the power or the capacity given by law to court or tribunal to entertain, hear and determine certain controversies. It is vested in the court, not in the judge. MTCC/MCTC if penalty is imprisonment for 6 yrs. and below, regardless of amount of fine >Examples: 1. Grave Oral Defamation 2. Theft 3. Illegal Possession of Low- Powered firearms and ammunitions 4. Less Serious Physical Injuries

5. Illegal Possession of Deadly Weapon - also cases falling under the Rules on Summary Procedure >Examples: 1. Slight Physical Injuries 2. Malicious Mischief 3. Slander by Deed 4. Violation of B.P. Blg. 22 5. Maltreatment 6. Violations of ordinances, etc. Examples: a. Traffic Violations b. Viol. of No Smoking Ordinance

*RTC if penalty is imprisonment for a period of 6 yrs. and 1 day and above. >Examples: 1)Murder 2)Rape 3)Qualified Theft 4)Robbery 5)Estafa 6)Illegal Possession of high-powered F/A and Ammunitions 7)Kidnapping 8)Homicide

* SPECIAL COURTS Family Courts, Drugs Courts

BAIL - The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified by the Rules. It may be corporate surety, property, cash deposit or recognizance.

* All persons in custody shall be admitted to bail as a matter of right before conviction of an offense not punishable by death, reclusion perpetua or life imprisonment. After conviction, bail is discretionary.

ARRAIGNMENT (Rule 116) - made in open court by furnishing him a copy of the information, reading the same in the language known to accused and asking him whether he pleads guilty or not guilty. * The accused shall be arraigned within 10 days from date of raffle, the pre-trial conference shall be held within 10 days after arraignment.

a) Right to counsel b) Required language/dialect c) Plea-bargaining

* At arraignment, the accused with the consent of the offended party and prosecutor, may be allowed to plead guilty to a lesser offense. After arraignment but before trial, the accused may still be allowed to plead guilty to a lesser offense after withdrawing his plea of not guilty.

When accused pleads guilty to a capital offense, the court shall conduct a searching inquiry, and require the prosecution to prove his guilt and the precise culpability.

Motion to Quash allowed prior to arraignment

PRE-TRIAL - It is a mandatory conference between the parties, to consider the following: -plea bargaining -stipulation of facts -marking of exhibits -waiver of objections to admissibility of evidence -modification of the order of trial -Settlement/Mediation (PMC) -Witnesses -Trial Dates

TRIAL - It is an investigation process resulting in a judgment of a legal controversy or dispute.

Order of Trial: 1. The prosecution shall present evidence to prove the charge and civil liability; 2. The accused may present evidence to prove his defense and damages; 3. The parties may respectively present rebutting evidence; 4. Parties may submit respective memoranda. * The order may be modified if the accused admits charge but raises lawful defense (Self-defense). The trial will be reversed.

JUDGMENT (Rule 120) - It is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability.
* Judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. If conviction is for light offense, the judgment may be pronounced in the presence of his counsel or his representative. When judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court. APPEALS - A party may appeal from a judgment or final order within 15 days from promulgation of judgment

CRIME

ARREST WITHOUT WARRANT

COMPLAINT BY OFFENDED PARTY

POLICE INVESTIGATION

PRELIMINARY INVESTIGATION INQUEST

DISMISSED

PROBABLE CAUSE

FILING OF INFORMATION

PROBABLE CAUSE

ARREST WITH WARRANT/COMMITMENT ORDER

MOTION TO QUASH

PLEA GUILTY

ARRAIGNMENT

SUFFICIENT?

DISMISSED

PLEA (NOT GUILTY)

PLEA BARGAINING PLEA GUILTY TO LESSER OFFENSE

PRE

- TRIAL

AGREE/ REJECT

PRESENTATION OF PROSECUTION EVIDENCE

DEMURRER

SUFFICIENT? PRESENTATION O DEFENSE EVIDENCE F

DISMISSED

JUDGMENT ACQUITTAL CONVICTION

APPEAL